The House of Representatives is continuing to move forward with its faith-based agenda despite the fact that the CARE Act is stalled in the Senate amid controversy over issues relating to hiring discrimination, protection of beneficiaries, preemption of state and local laws and the role of intermediary organizations. (See March 4, 2003 Watcher for background.) Draft amendments are still circulating, but the Administration has made it clear it will veto the bill if it passes with a prohibition on religious discrimination for hiring in program positions paid for with federal funds.

On January 6 the Department of Housing and Urban Development (HUD) proposed new regulations implementing the President’s December 12, 2002, Executive Order requiring “equal treatment” of faith-based organizations in the federal grant process. The proposal is similar to regulations proposed last month by the Department of Health and Human Services (HHS). However, they go further, allowing religious organizations to partially fund construction, acquisition or rehabilitation of structures to be used for both religious and government funded purposes.

The scaled back version of the CARE Act (S 476) passed by the Senate Finance Committee is on a list of eleven items Senate leadership expects to take up in the next few weeks, possibly as early as the week of March 10. Once the bill reaches the floor Senators Rick Santorum (R-PA) and Joe Lieberman (D-CT) will offer their comprehensive version of CARE, S 272, as an amendment. S 272 includes “equal treatment” provisions for faith-based organizations seeking grants and authorization of the Compassion Capital Fund. (See our summary).

Full text of comments on Department of Health and Human Services proposed regulations for "equal treatment" of religious organizations in competition for grant funding in the Temporary Assistance to Needy Families program. Similar comments were filed for proposed regulations for the Community Services Block Grant Program and Substance Abuse and Mental Health Services Administration. February 18, 2003 April Kaplan, Office of Family Assistance Administration for Children and Families 370 L' Enfant Promenade, SW 5th Floor Washington, D.C. 20447